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HomeMy WebLinkAboutPL PACKET 06272016 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the June 27, 2016 Planning Commission Meeting Agenda. (action requested) II. Approval of the February 22, 2016 Regular Planning Commission Meeting Minutes. (pp.1-4) III. Public Hearing. A. Consider a request from the Church of St. Charles Borromeo located at 2727 Stinson Boulevard NE for a conditional use permit to allow for a double sided electronic sign on the premises. (pp.5-27) B. Consider a request from The Unofficial located at 3701 Stinson Boulevard for an amendment to a conditional use permit to allow for the addition of outdoor seating on the premises. (pp.29-51) C. Consider an amendment of the City Code, adding section 152.189 Opting-Out of the Requirements of Minnesota Statutes, Section 462.3593 (Temporary Family Health Care Dwellings). (pp.53-61) IV. Staff Reports. V. Other Business. VI. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. VII. Information and Announcements. VIII. Adjournment. CITY OF SAINT ANTHONY VILLAGE PLANNING COMMISSION MEETING AGENDA JUNE 27, 2016 COUNCIL CHAMBERS 7:00 PM CITY OF ST. ANTHONY 1 PLANNING COMMISSION MEETING 2 3 February 22, 2016 4 7:00 p.m. 5 6 CALL TO ORDER. 7 8 Chairperson Gondorchin called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 12 Chairperson Gondorchin invited the Commission and the audience to join her in the Pledge of 13 Allegiance. 14 15 ROLL CALL. 16 17 Commissioners Present: Chairperson Gondorchin, Commissioners Foster, Kalar, Lichty, 18 Papatola, and Westrick 19 20 Absent: Commissioner Bartel 21 22 Also Present: City Planner Breanne Rothstein 23 24 25 I. APPROVAL OF THE FEBRUARY 22, 2016, PLANNING COMMISSION MEETING 26 AGENDA. 27 28 Motion by Commissioner Kalar, seconded by Commissioner Foster, to approve the February 22, 29 2016, Planning Commission agenda. 30 31 Motion carried 6-0. 32 33 II. APPROVAL OF THE JANUARY 26, 2016, REGULAR PLANNING COMMISSION 34 MEETING MINUTES. 35 36 37 Motion by Commissioner Papatola, seconded by Commissioner Lichty, to approve the January 38 26, 2016, Regular Planning Commission Meeting Minutes as presented. 39 40 Motion carried 6-0 41 42 III. PUBLIC HEARING. 43 44 A. Consider an Amendment of Chapter 152 adding the Regulation of Medical 45 Cannabis Manufacturers and Cannabis Facilities 46 47 Commissioner Foster will be the Planning Commission representative at the City Council 48 Meeting on March 8, 2016. 49 1 Planning Commission Regular Meeting Minutes February 22, 2016 Page 2 Chairperson Gondorchin opened the public hearing at 7:05 p.m. 1 2 City Planner Rothstein reviewed following the legalization of medical cannabis by the State of 3 Minnesota, the City of St. Anthony Village enacted a moratorium on February 24, 2015 4 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim 5 ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning 6 Code update and any prerequisites or considerations prior to an amendment of the City Code 7 regulating medical cannabis manufacturers and facilities. 8 9 The City’s completed study includes a review of the Minnesota state statute that prompted this 10 investigation as well as an overview of Federal cannabis law. Following an analysis of medical 11 cannabis within the context of existing City Zoning Code and the finding that significant land 12 uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as 13 well as the potential for emergent public safety concerns, the study recommends prohibiting all 14 cannabis facilities in the City. The full text of the study is included with the report. 15 16 A draft resolution would implement the recommendation of this study, amending the City’s 17 Zoning Code to reflect the findings and prohibit medical cannabis manufacture and facilities in 18 St. Anthony Village. 19 20 As proposed, the resolution would specifically do the following: 21 • Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an 22 establishment or business which cultivates, acquires, manufactures, possesses, prepares, 23 transfers, transports, supplies, or dispenses medical cannabis or any related supplies in 24 accordance with Minnesota Statutes.” (§152.008) 25 • Prohibit Cannabis Facilities in all zoning districts (§152.188) 26 • Include the provision clarifying that the revised Code does not preclude doctors from 27 writing legal cannabis prescriptions or patients from exercising their legal right to possess 28 or administer medical marijuana as per the law. 29 30 Staff recommends approval of the resolution amending Sections 152.008 and 152.188 of City 31 Code to prohibit medical cannabis facilities in all City districts. 32 33 Commissioner Lichty stated there is a sensitive land use within 1000 feet of any potential 34 location for a cannabis facility. He stated this is a reasonable buffer. 35 36 Commissioner Papatola stated he did some additional reading on this and stated in in different 37 states there are buffers of 250 – 1000 feet. He stated the study includes schools, daycares, 38 playgrounds, places of worship, etc. Commissioner Papatola asked if the interim ordinance came 39 before the Planning Commission. City Planner Rothstein stated she does not know the answer 40 but knows that it did not have to. 41 42 Commissioner Papatola asked why it is coming before the Planning Commission at this time and 43 City Planner Rothstein stated the proposal is located in the Zoning Code and the Planning 44 Commission should be the recommendation body. It is customary to hold the public hearing at 45 the Planning Commission. Commissioner Papatola stated there are some portions of the City 46 2 Planning Commission Regular Meeting Minutes February 22, 2016 Page 3 where a cannabis facility could be located in some slivers of land in the City. He asked why in 1 light industrial, legal businesses under the State Statute would show preference to one type of 2 legal business over another. City Planner Rothstein stated legal non-conforming status may 3 prohibit a daycare from going within 1000 feet of a cannabis facility. It is an issue when 4 regulating businesses based on distance requirements and it is not ideal from a zoning 5 perspective. 6 7 Commissioner Papatola stated the report shows the City of Bloomington, which does not have a 8 dispensary. He asked if anyone in staff discussed this with St. Anthony Police Department. City 9 Planner Rothstein stated the study was discussed by all department heads she will get input from 10 the Police Department if desired. 11 12 Commissioner Foster stated he is relying on the report from the City Attorney. The report 13 indicates a buffer from any sensitive uses (not just schools). This is broader than just a buffer 14 from a school. 15 16 Commissioner Papatola stated if the 1000-foot buffer is in the State Statute and this would not 17 allow it anywhere in the City then the amendment would not be necessary. He does not believe 18 the buffer consideration is part of the State Statute but rather part of the City Attorney’s report. 19 City Planner Rothstein reviewed the portions of the State and Federal reports that shows 1000 20 feet of schools is prohibited. 21 22 Commissioner Lichty stated the Statute has reached its capacity in the two facilities within the 23 State. Those dispensaries are geographically important in that one in each district. Without a 24 change in State Law or dramatic change in business plan of two manufacturers within the State 25 there would be no chance that anyone would apply for a permit to build a dispensary in St. 26 Anthony. He feels this is irrelevant because of the 1000-foot buffer and also due to the 27 economics. He feels this is overboard. 28 29 Commissioner Westrick asked if the eight distribution centers have been established in the State 30 and have we already reached the cap in the State. City Planner Rothstein stated she does not 31 know. 32 33 Commissioner Lichty stated unless the current businesses look for another location the chance of 34 coming to St. Anthony is zero. 35 36 Commissioner Papatola stated he is concerned this is a bit of over reach. He understands the 37 concerns of Council and Staff. We are trying to address potential for emergent public safety 38 concerns, which is the motivation for this amendment. He contacted both facilities and stated 39 there have been no crime related calls. Commissioner Papatola intends to vote against the 40 resolution. 41 42 Chairperson Gondorchin closed the public hearing at 7:29 p.m. 43 44 Commissioner Kalar stated he is interested in Option 2 as he shares the same concerns with 45 Option 3. He suggested more data may be needed before a decision can be made. 46 3 Planning Commission Regular Meeting Minutes February 22, 2016 Page 4 1 Commissioner Papatola stated he believes the Commission needs to look at the amendment as it 2 stands. 3 4 Motion by Chairperson Gondorchin to recommend the City Council approve Resolution 5 accepting finding from a study for the purpose of considering amendments to the City Zoning 6 Code regarding the regulation of medical cannabis manufacturers and cannabis facilities and 7 adopting a text amendment to the zoning code to implement option 3 outlined in said study. 8 9 Motion failed due to lack of a second. 10 11 This item will move forward to the City Council with no recommendation from the Planning 12 Commission. 13 14 IV. STAFF REPORTS - NONE 15 16 V. OTHER BUSINESS - NONE 17 18 VI. COMMUNITY FORUM – NONE 19 20 VII. INFORMATION AND ANNOUNCEMENTS - NONE 21 22 VIII. ADJOURNMENT. 23 24 Motion by Commissioner Lichty, seconded by Commissioner Kalar, to adjourn the meeting at 25 7:35 p.m. 26 Motion carried 6-0 27 28 29 Respectfully submitted, 30 Debbie Wolfe (TimeSaver Off Site Secretarial, Inc.) 31 4 MEMORANDUM To: St. Anthony Village Planning Commission From: Breanne Rothstein, AICP, City Planner Date: Planning Commission Regular Meeting for June 27, 2016 WSB Project No. 02170-360 Request: Request for a Conditional Use Permit (CUP) to allow for a double-sided dynamic display sign on the premises at 2727 Stinson Boulevard NE. RECOMMENDATION The application has been reviewed and appears to meet the requirements for issuance of a conditional use permit. Therefore, staff recommends approval of the request for a conditional use permit to allow a dynamic display sign on the property at 2727 Stinson Boulevard. GENERAL INFORMATION Applicant: Church of St. Charles Borromeo Owners: same as above Location: 2727 Stinson Boulevard NE Existing Land Use / Religious institution/ R-1 Single Family Residential Zoning: Surrounding Land North: Low density residential / Zoned R-1 Single Family Residential Use / Zoning: East: Low density residential / Zoned R-1 Single Family Residential South: Low density residential / Zoned R-1 Single Family Residential West: City of Minneapolis (Low Density Residential) Deadline for Agency Application Date: 05-27-16 Action: 60 Days: 07-26-16 Letter Sent: NA 120 Days: NA CONSIDERATIONS RELATING TO THE REQUEST 1. Background The Church of St. Charles of Borromeo, located at 2727 Stinson Boulevard NE, wishes to construct a monument sign with a double-sided electronic display in front of the school located on the premises at 2727 Stinson Boulevard NE. The applicant had previously requested permission to construct such a sign in 2014 through a text amendment to the City’s sign code, citing the desire to have a more 5 Page 2 visible presence in the community and to mirror the advertising techniques being used at Wilshire Park and the high school. At that time, the city’s code prohibited electronic signs. The applicant’s request for a text amendment was denied. In December 2014, the City amended its sign code (§155) to allow for non-commercial “dynamic display” signs in the R-1 Single Family district through the issuance of a conditional use permit. The ordinance stipulates that the conditions with respect to the issuance of any Conditional Use Permit for a Dynamic Display Sign shall cover at least the following: (1) Aesthetics of the sign, including, but not limited to message color, construction materials, and landscaping; (2) Location of the sign with regard to the surrounding area; and (3) Position/layout of the sign with regard to the surrounding area. Additional specifications for dynamic display signs regarding placement, size of display and copy, illumination, and message transitions are stipulated in §155.29 (DYNAMIC DISPLAYS). In light of the amendments to the City sign ordinance, the applicant is again submitting a request to construct an electronic display sign on the premises. Design The applicant has submitted design specifications from the sign manufacturer that indicate the sign will be a monument sign design with a brick and block pedestal structure surrounding the electronic portion. The total allowable square footage of sign area for a ground sign in this zoning district for more than one business is 80 square feet. The maximum allowable square footage for dynamic display is 28 square feet (35% of total allowable square footage). The upper cabinet will contain a 10 square foot double-sided LED illuminated upper cabinet, which is non-dynamic. The dynamic display component of the sign will have a 2’-9” x 7’-10” double-sided Monochrome electronic display. The total square footage of the dynamic display area is 21.5 square feet, which is under the maximum allowable. The height of the proposed sign is 6.5 feet, which meets the requirements of a maximum of 8 feet. The pedestal and base structure of the proposed sign is designed to match the materials of the primary building. The base design includes landscaping components to enhance the appearance, which is a required component of ground signs. There are no design elements that indicate an external source of illumination on the sign. Position and Layout The required setback for a ground sign is 15 feet from the curb line of any public street, and must be located entirely out of the right-of-way. The proposed sign will be constructed in front of the school portion of the property, and appears to meet all applicable setbacks. A site plan has been requested. A non-electronic ground sign already exists on the premises in front of the other building on the property, the church, facing Stinson Boulevard near the intersection with St. Anthony Parkway. Additional Sign Requirements The applicant has not provided any details regarding the dynamic characteristics of the sign. Elements to consider include the size of the sign text and display area, hours of sign illumination and operation, brightness, the frequency of message transitions, and the prohibition of audio or video functions. Size of copy (lettering) is required to be a minimum of 7 inches in height. The duration of images and messages must be a minimum of 8 seconds. The transition between sequences must be instantaneous and no video display is allowed. The messaging must be monochromatic. Brightness is 6 Page 3 restricted to 4,500 nits during the day, and 450 nits at night. Staff is requesting that written certification from the sign manufacturer that light intensity has been preset to conform to these brightness levels is required. These requirements will be included as contingencies of approval because they are changeable factors and will need to be verified upon construction. 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 155 Zoning Code, Section 152.29 DYNAMIC DISPLAYS (C) Conditionally Permitted Signs states that Dynamic Displays may be conditionally permitted “as free-standing ground signs with the issuance of a Conditional Use Permit from the City Council only in the R1- Single Family Residential District to display non-commercial or public service announcements when displayed on the site of an approved public or quasi-public land use.” Dynamic Display Signs are further required to “comply with the height, size, arrangement, set back, location, and other applicable provisions of this Chapter and the district in which the sign is located.” Further specifications and requirements for Dynamic Displays are laid out in Section 152.29, parts D – Q. Title XV Land Usage, Chapter 155 Zoning Code, Section 152.30 DISTRICT SCHEDULES (A.4) which states that in Residential districts “each of the following may install and maintain 1 ground sign subject to the provisions of § 155.01 on the property to which the sign pertains, with the exception of a Dynamic Display Sign, which requires the issuance of a Conditional Use Permit (CUP) as outlined in § 155.29 herein: (a) Schools and publicly owned facilities listed; (b) Religious institution/place of worship, and city buildings.” 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The property at 2727 Stinson Blvd is zoned R-1 Single Family Residential. The R-1 District permits signs as per the stipulations of the sign ordinance (§155). Within the §155, Dynamic Display signs of a non-commercial nature are a permitted conditional use in the R-1 District. §152.30 Subd. A (4) states that schools and religious institutions may each install and maintain 1 ground sign. Criterion met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions are introduced in this report and are included in the draft resolution for consideration. Criterion met. Conditions include: 1. Applicant will comply with dimensional setback requirements for ground sign placement, which requires 15 feet from the curb line and submit a site plan indicating such setbacks. 2. Applicant will provide a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by the City’s code. 3. Applicant will conform to all of the sign operation requirements of the Dynamic Display ordinance. 7 Page 4 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity are entirely comprised of single family residential homes. The sign will be visible from either direction on Stinson Boulevard; it will not be visible from the east of the premises because of building obstruction. The placement of the sign in perpendicular fashion to the residents along Stinson Blvd, which is a wide, tree-lined parkway, minimizes the exposure of neighboring residents to the sign’s dynamic and illumination display. The illumination of the sign may be a concern to nearby residents because of concerns about glare or brightness, especially during evening hours; however, with the proposed conditions outlined in the staff report and the resolution, the sign must be certified to conform with the brightness standards outlined in the dynamic display ordinance and must be equipped with the capacity to be dimmer or other mechanism that automatically controls sign brightness. Criterion met. 4. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Having a medium by which to display current and time-sensitive information is a reasonable request from the applicant, and provides a benefit in that it replaces the need for temporary signs that might be more unsightly. Additionally, electronic display signs are a use being adopted by other area schools. Criterion met. RECOMMENDED ACTION 1. Request Additional Information and Continue the Public Hearing. It appears the Applicant has provided all of the required information for the Planning Commission’s evaluation. Should the Planning Commission request additional information from the Applicant, the Planning Commission should continue the public hearing until a later time. 2. Recommend Approval of the Conditional Use Permit. Staff recommends approval of the conditional use permit to allow the dynamic display sign at 2727 Stinson, subject to the conditions listed in this staff report. The Planning Commission may refer to Exhibit C and may modify the draft resolution for approval to include any conditions that it deems necessary. 3. Recommend Denial of the Conditional Use Permit. In the event the Planning Commission chooses denial of the requested CUP, it should clearly state its reasons for the denial recommendation and direct staff to prepare a resolution. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Draft Resolution of Approval 8 St. Charles St. Anthony, June 17, 2016 Map Powered by DataLink from WSB & Associates 1 in = 200 ft ± 9 THIS PAGE LEFT INTENTIONALLY BLANK 10 11 12 13 1 4 15 EXHIBIT - C: CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR A DOUBLE-SIDED DYNAMIC DISPLAY MONUMENT SIGN ON THE PREMISES LOCATED AT 2727 STINSON BOULEVARD NE. WHEREAS, the City of St. Anthony Village received a request from the Applicant Church of St. Charles Borromeo for a Conditional Use Permit (CUP) to allow for a double-sided dynamic display monument sign on the premises located at 2727 Stinson Boulevard NE on May 27, 2016, legally described as follows: Lot A, Murray Heights Addn to Minneapolis WHEREAS, the Property located at 2727 Stinson Boulevard is located within the R-1 Single Family Residential District; and WHEREAS, Dynamic Display signs are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in the R-1 Residential District insofar as the sign display is non- commercial or public service announcement related in nature; and WHEREAS, the Planning Commission reviewed and considered the request based on the related documents shown in the Applicant’s application in a public hearing at their regular meeting on June 27, 2016 and recommended approval of the request, subject to the conditions listed herein; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant’s Conditional Use Permit (CUP) request based on the following findings: 1. The requested conditional use permit (CUP) is consistent with all of the standards for granting a conditional use permit as described in Section §152.243 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the required conditional use permit is justified for the following reasons: a. The use is specifically allowed via conditional use permit in the R-1 Residential District; b. The City has specified all conditions which the City Council has deemed necessary to make the use compatible with other uses in the area; c. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and d. The proposed use will provide a service which is in the interest of public convenience and will contribute to the general welfare. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the requested conditional use permit is contingent on the following: 16 1. Applicant will comply with dimensional setback requirements for ground sign placement, which requires 15 feet from the curb line and submit a site plan showing compliance; 2. Applicant will provide a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by the City’s code; 3. Applicant will conform to all of the sign operation requirements of the Dynamic Display ordinance. APPROVED in the regular session of the City Council on ___________________. ___________________________________ Jerome O. Faust, Mayor Attested: ___________________________________ Nicole Miller, City Clerk 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 19 THIS PAGE LEFT INTENTIONALLY BLANK 20 2727 Stinson Boulevard CUP Request Planning Commission Meeting June 27, 2016 2727 Stinson Boulevard General Information Applicants: Church of St. Charles Borromeo Owners: Church of St. Charles Borromeo Location: 2727 Stinson Boulevard NE Existing Land Use Religious institution/ R-1 Single Family Residential / Zoning: Surrounding Land Use / Zoning: North: Low density residential / Zoned R-1 Single Family Residential East: Low density residential / Zoned R-1 Single Family Residential South: Low density residential / Zoned R-1 Single Family Residential West: City of Minneapolis (Low Density Residential) 21 Description of Request •Conditional Use Permit request to allow for a double-sided dynamic display sign on the premises at 2727 Stinson Boulevard NE. •Applicant had previously requested permission to construct such a sign in 2014 through a text amendment. Request was denied. 22 Description of Request •In December 2014, the City amended its sign code (§155) to allow for non-commercial “dynamic display” signs in the R-1 Single Family district through the issuance of a conditional use permit. 23 Description of Request •The dynamic display component of the sign will have a 2’-9” x 7’-10” double-sided Monochrome electronic display. •Dynamic Displays occupies 21 square feet of the 28 allowable sq. ft (35% of 80 sq. ft allowed) •The pedestal and base structure is designed to match the materials of the primary building. 2727 Stinson Boulevard •CUP Criteria Review –Use is one of the conditional uses specifically listed for the district in which the property is located; CRITERION MET –Use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; CRITERION MET –Use will provide a service or facility which is in the interest of public convenience and will contribute to the general welfare; CRITERION MET 24 2727 Stinson Boulevard RECOMMENDATION Staff recommends approval of the application, subject to the following conditions: 1.Applicant will comply with dimensional setback requirements for ground sign placement, which requires 15 feet from the curb line. 2.Applicant will provide a written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by the City’s code. 3.Applicant will conform to all of the sign operation requirements of the Dynamic Display ordinance. Operation Requirements of Dynamic Display Signs •Every line of copy and graphics must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour •May not change more often than once every 8 seconds •Change sequence must be instantaneous without any special effects. 25 Operation Requirements of Dynamic Display Signs •Monochromatic in color with a solid black background •No video display, flashing illumination, and audio •Ability to discontinue if malfunctioning •Limits on brightness (written certification from manufacturer) 2727 Stinson Boulevard Questions? 26 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.ci.saint-anthony.mn.us •(612) 782-3301 Fax (612) 782-3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. NOTICE OF A PUBLIC HEARING Notice is hereby given that on June 27, 2016, at 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request from Church of St. Charles Borromeo for a conditional use permit to allow for a double-sided electronic sign on the premises located at 2727 Stinson Boulevard NE. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on July 12, 2016, at 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-231-4863. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.saint-anthony.mn.us. Breanne Rothstein, AICP City Planner 27 THIS PAGE LEFT INTENTIONALLY BLANK 28 MEMORANDUM To: St. Anthony Village Planning Commission From: Breanne Rothstein, AICP, City Planner Date: Planning Commission Regular Meeting for June 27, 2016 WSB Project No. 02170-350 Request: Request for an amendment to existing Conditional Use Permit (CUP) to allow for the addition of 40 outdoor seats on the Premises located at 3701 Stinson Boulevard RECOMMENDATION The Applicant’s request for an amendment to existing Conditional Use Permit (CUP) to allow for the addition of 40 outdoor seats on the premises located at 3701 Stinson Boulevard is consistent with the intent of the Zoning Ordinance and the City’s Comprehensive Plan. Should the Planning Commission agree to amend the conditional use permit to allow the Applicant’s request to add additional seating on the premises, staff recommends the adoption of the conditions outlined in this report. GENERAL INFORMATION Applicant: Chris Christopherson Owners: SS St. Anthony, LLC Location: 3701 Stinson Blvd. Existing Land Use / Commercial/zoned: PUD Zoning: Surrounding Land North: Undeveloped / Zoned PUD – Planned Unit Development Use / Zoning: East: High Density Residential / Zoned PUD – Planned Unit Development South: Commercial / Zoned C – Commercial West: City of Minneapolis (Commercial and Multi Family Residential) Deadline for Agency Application Date: 06-06-16 Action: 60 Days: 08-09-16 Letter Sent: N/A 120 Days: 10-04-16 CONSIDERATIONS RELATING TO THE REQUEST 1. Background The Applicant wishes to add additional outdoor patio seating to the dining establishment located at 3701 Stinson Boulevard, known as “The Unofficial”. In 2015, The Unofficial was granted a conditional use permit to allow for an establishment primarily for the sale of beverages for 29 Page 2 consumption. In the terms of a conditional use permit granted in 2015, The Unofficial was permitted under the following stipulations: 1. All conditions stated in resolution 10-052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect, which are: a. Garbage areas must be enclosed with materials that match the building; b. Lighting must be “down spill” with no spillage to affect the adjacent residential properties; c. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; d. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 2. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to the CUP allowing a restaurant within 250 feet of a residential district is required. The proposed addition of 40 outdoor seats on the premises requires an amendment to the existing CUP, which the applicant was made aware of at the time of CUP approval in 2015. The underlying zoning for the property, within the greater Planned Unit Development, is Commercial, which allows restaurants within 250 feet from a residential structure or district as a permitted conditional use. The proposed outdoor seating area is located along the western side of the establishment that faces Stinson Boulevard. The neighboring residential area within 250 feet is located to the east of the property. The applicant has provided a site design sketch for the outdoor seating which shows that the perimeter of the additional seating area will be located 10 feet from the property line. The sketch confirms the addition of 10 outdoor tables for a total of 40 additional seats. The applicant has stated that he intends to construct a standard 40” height railing around the perimeter of the outdoor seating area. SAC Determination Due to the proposed additional seating at the establishment on the premises, applicant has applied for a SAC Determination from the Metropolitan Council Environmental Services division. Hours of Operation Title XI Business Regulations, Chapter 111 Licenses, Permits, and the Like, Section §111.172 HOURS OF OPERATION states that every recreational establishment within the city must be closed to the public between the hours of 1:00 a.m. and 5:00 a.m. “Recreational Establishment” includes restaurants. The hours of operation of The Unofficial are from 11:00 a.m. to 1:00 a.m. Parking The Applicant’s documentation shows that no existing parking spaces will be lost as a result of this proposed outdoor seating area addition. The City’s parking ordinance requires that the number of parking spaces for restaurants be equal to the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift. The current number of seats in the restaurant is 110, and an additional 40 seats puts total seating capacity at 150. The 30 Page 3 estimated number of employees on the largest shift is 15. Based on this information, a total of 75 parking spaces are required for the proposed use. There are at least 80 parking spaces on the property, meeting the minimum required for the proposed restaurant. Consistency with the Comprehensive Plan The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for high density residential on the Future Land Use Plan (Figure 2-5), which is identified as a change from the Existing Land Use Map (Figure 2-1) which designates the property as currently being used for commercial use. A Conditional Use Permit was approved for the property to allow for a restaurant within 250 feet of a residential structure or district in 2010, following the adoption of the Future Land Use Plan, and a CUP allowing a restaurant use was again approved in 2015. 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE C DISTRICT) (L) states that “Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district” is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The property at 3701 Stinson Boulevard is zoned PUD with an underlying zoning of C- Commercial, which allows “restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district“ as a permitted conditional use, for which the property has obtained the required CUP. Criterion met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: The addition of outdoor seating specifically requires a CUP amendment, as per the conditions of the CUP granted in 2015. Conditions have been described in this report and are included in the draft resolution for consideration. Criterion met. Conditions include: 1. Previous conditions stated in resolution 10-052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect, which are: e. Garbage areas must be enclosed with materials that match the building; f. Lighting must be “down spill” with no spillage to affect the adjacent residential properties; g. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; h. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 31 Page 4 2. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 3. Outdoor seating associated with the restaurant use is allowed, provided the establishment exercise significant efforts to reduce the likelihood of noisy or disruptive activities in the outdoor seating area after 10:00 pm. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include undeveloped property to the north, high density residential to the east, and commercial to the south located on the other side of the rail road tracks. Property to the west, in the City of Columbia Heights, includes commercial and high density residential. The site has been used as a restaurant in the past. Having the business open until 1 a.m. may have an impact on noise associated with patrons leaving the restaurant in the morning hours. The addition of outdoor seating will increase the likelihood of noise later in the evening. However, the hours of operation and proposed conditions are similar to those for the Village Pub, which is also within 250 feet of a residential structure or zoning district and allows outdoor activities between up until 1:00am. Currently, the design configuration of the outdoor seating area faces Stinson Boulevard, buffered from the adjacent residential use by the primary structure of the establishment, a parking lot and a road. These factors may reduce the probability of a noise concern during the late night hours. Criterion met. 4. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. It is a common trend to include an aspect of outdoor seating and patio areas for restaurant uses. Having an option to sit outside, especially in higher traffic areas, like on Stinson, would contribute to the public benefit insomuch as they have options for dining and entertainment. Criterion met. CONCLUSION The Applicant has applied for a CUP to add 40 outdoor seats to the establishment located at 3701 Stinson Boulevard. A 2015 CUP issued for the premises prohibited the addition of outdoor seating without an additional CUP amendment for a restaurant located within 250 feet of a residential structure of zoning district. The primary concern at that time was the propensity for noise at an establishment allowed to operate until 1:00 am. Although noise remains a concern, the design sketch indicates that the placement of the outdoor seating area along Stinson Boulevard at a maximum distance from the neighboring residential structure to the east will reduce the likelihood of audibility and visibility concerns. Additionally, the proposed environment is very similar to the operation at the Village Pub establishment, also located within 250 feet of a residential area and which allows outdoor activities up until 1:00 am in its outdoor seating area. RECOMMENDED ACTION 1. Request Additional Information and Continue the Public Hearing. It appears the Applicant has provided all of the required information for the Planning Commission’s evaluation. Should the Planning Commission request additional information from the Applicant, the Planning Commission should continue the public hearing until a later time. 32 Page 5 2. Recommend Approval of the Conditional Use Permit. In the event of a recommendation for approval, the Planning Commission may refer to Exhibit C and may modify the draft resolution for approval to include any conditions that it deems necessary. 3. Recommend Denial of the Conditional Use Permit. In the event the Planning Commission chooses denial of the requested CUP, it should clearly state its reasons for the denial recommendation and direct staff to prepare a resolution. ATTACHMENTS Exhibit A: Location map Exhibit B: Application and Supporting Material Exhibit C: Draft Resolution of Approval 33 THIS PAGE LEFT INTENTIONALLY BLANK 34 The Unofficial St. Anthony, June 17, 2016 Map Powered by DataLink from WSB & Associates 1 in = 100 ft ± 35 THIS PAGE LEFT INTENTIONALLY BLANK 36 37 38 39 40 41 EXHIBIT - C: CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. __________ RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW FOR THE ADDITION OF 40 OUTDOOR SEATS ON THE PREMISES LOCATED AT 3701 STINSON BOULEVARD WHEREAS, the City of St. Anthony Village received a request from the Applicant Chris Christopherson for a Conditional Use Permit (CUP) to allow for the addition of 40 outdoor seats on the Premises located at 3701 Stinson Boulevard on June 6, 2016, legally described as follows: A portion of Lot 1 and all of Lot 2, Block 1, Pillsbury Addition, Ramsey County, Minnesota WHEREAS, the Property located at 3701 Stinson Boulevard is located within the PUD – Planned Unit Development District, with an underlying zoning of C-Commercial Zoning District; and WHEREAS, a restaurant located less than 250 feet from a residential structure or district are a permitted conditional use with the issuance of a Conditional Use Permit (CUP) in the C- Commercial District; and WHEREAS, the stipulations of a previous CUP for the premises indicate that the addition of outdoor seating cannot be granted without an amendment to the existing CUP; and WHEREAS, the Planning Commission reviewed and considered the request for outdoor seating based on the related documents shown in the Applicant’s application in a public hearing at their regular meeting on June 27, 2016 and recommended approval of the request; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant’s Conditional Use Permit (CUP) request based on the following findings: 1. The requested conditional use permit (CUP) is consistent with all of the standards for granting a conditional use permit as described in Section §152.243 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the required conditional use permit is justified for the following reasons: a. The use is one of the conditional uses specifically listed within the C- Commercial Zoning District in which the Property is located. b. The City has specified all conditions which the City Council has deemed necessary to make the use compatible with other uses in the area; c. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and d. The proposed use will provide a service which is in the interest of public convenience and will contribute to the general welfare. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council’s approval of the requested conditional use permit is contingent on the following: 42 1. Previous conditions stated in resolution 10-052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect, which are: a. Garbage areas must be enclosed with materials that match the building; b. Lighting must be “down spill” with no spillage to affect the adjacent residential properties; c. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; d. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 2. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 3. Outdoor seating associated with the restaurant use is permitted, provided the establishment exercise significant efforts to reduce the likelihood of noisy or disruptive activities in the outdoor seating area after 10:00 pm. APPROVED in the regular session of the City Council on ___________________. ___________________________________ Jerome O. Faust, Mayor Attested: ___________________________________ Nicole Miller, City Clerk 43 THIS PAGE LEFT INTENTIONALLY BLANK 44 3701 Stinson Boulevard CUP Request Planning Commission Meeting June 27, 2016 3701 Stinson Boulevard General Information Applicants: Chris Christopherson Owners: SS St. Anthony, LLC Location: 3701 Stinson Boulevard Existing Land Use Commercial/ Zoned: PUD / Zoning: Surrounding Land Use / Zoning: North: Undeveloped / Zoned PUD- Planned Unit Development East: High Density Residential / Zoned PUD- Planned Unit Development South: Commercial / Zoned C- Commercial West: City of Minneapolis (Commercial and Multi Family Residential) 45 Description of Request •Conditional Use Permit request to amend existing CUP and allow for 40 additional outdoor seats on the premises. •Conditional Use Permit issued in 2010 to allow a restaurant within 250 feet of residential area. •Conditional Use Permit amended in 2015 to allow alcohol to be served on the property. 46 Description of Request •A 2015 CUP condition prohibited the addition of outdoor seating due to noise concerns. –“Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to the CUP allowing a restaurant within 250 feet of a residential district is required.” Description of Request •Applicant is proposing to add an outdoor seating area facing Stinson Blvd accommodating 40 additional patrons •Site Plan meets all original conditions related to parking and setbacks 47 48 3701 Stinson Boulevard •CUP Criteria Review –Use is one of the conditional uses specifically listed for the district in which the property is located; CRITERION MET –Use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity; CRITERION MET –Use will provide a service or facility which is in the interest of public convenience and will contribute to the general welfare; CRITERION MET 3701 Stinson Boulevard RECOMMENDATION Should the Planning Commission agree to amend the CUP, staff recommends the adoption of the following conditions: 1) Previous conditions stated in resolution 10-052 approving a conditional use permit for a restaurant located within 250 feet of a residential structure or district shall remain in full effect, which are: –Garbage areas must be enclosed with materials that match the building; –Lighting must be “down spill” with no spillage to affect the adjacent residential properties; –No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; –The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. 49 Conditions (cont) 2) The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 3) Outdoor seating associated with the restaurant use is allowed, provided the establishment exercise significant efforts to reduce the likelihood of noisy or disruptive activities in the outdoor seating area after 10:00 pm. 3701 Stinson Boulevard Questions? 50 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.ci.saint-anthony.mn.us •(612) 782-3301 Fax (612) 782-3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. NOTICE OF A PUBLIC HEARING Notice is hereby given that on June 27, 2016, 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request from Chris Christopherson for an amendment to a conditional use permit to allow for the addition of outdoor seating on the premises located at 3701 Stinson Boulevard. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on July 12, 2015, at 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-231-4863. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.saint-anthony.mn.us . Breanne Rothstein, AICP City Planner 51 THIS PAGE LEFT INTENTIONALLY BLANK 52 MEMORANDUM To: Honorable Mayor and City Councilmembers Mark Casey, City Manager From: Breanne Rothstein, AICP, City Planner Date: July 12, 2016 City Council Meeting WSB Project No. 02170-250 Request: Consider Adopting Ordinance to Opt-Out of Minn. Stat § 462.3593, which defines, permits and regulates temporary family health care dwellings. OVERVIEW On May 12, 2016, Governor Dayton signed into law the creation and regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593. The law establishes a permitting process allowing landowners to place mobile residential dwellings on their property to serve as temporary dwellings. The law intends to provide dwellings accommodating short-term care for family members in need of assistance or close supervision. These temporary dwellings would be exempt from assisted living regulation and subject to a specific permitting process. The law also allows cities that do not wish to be subject to the requirements of the permit application and process to pass an opt-out ordinance. Cities that do not elect to opt-out of § 462.3593 through an ordinance will be subject to the requirements and procedures of the law beginning September 1, 2016. SUMMARY OF FINDINGS There are sufficient practical and legal concerns regarding the terms of § 462.3593 to warrant the adoption of an opt-out ordinance by Saint Anthony. The following concerns have been identified by staff: - Minn Stat. § 462.3593 requires that residents of temporary family health care dwellings furnish medical information proving they have an eligible condition and proof of care. From a legal perspective, this degree of regulation is arguably outside the purview of land use law or zoning practice because it regulates the user of the dwelling unit and not merely the use. Opting out will ensure that Saint Anthony does not subject itself to the questionable legality of the statute. - Requiring the submission of information from a caregiver and/or medical provider may present HIPAA complications and require that the City collect information of a personal and private nature. Opting out of Minn. Stat. § 462.3593 would avoid placing Saint Anthony in the position of gathering and holding medical information in order to manage the permitting of the temporary family health care dwellings. - There are concerns that the law does not adequately confirm the temporary nature of these dwellings. Although Minn Stat. § 462.3593 stipulates a six-month time limit on a temporary 53 Page 2 City Council March 8, 2015 dwelling permit with the possible of one six-month extension, there is no language in the law addressing appeal should the permit be revoked for non-compliance. - Failing to opt-out means that the City loses its authority to regulate temporary dwellings of this nature. The conditions of Minn Stat. § 462.3593 will supersede any existing regulation in Saint Anthony’s city code, and ordinances regulating mobile homes or accessory units will not apply. Minn Stat. § 462.3593 does defer to a city’s existing setback requirements and gives some flexibility as to the permit fee charge, but if a city does not opt-out of the law by ordinance it will have no authority to add additional requirements or stipulations. By opting-out of Minn Stat. § 462.3593, Saint Anthony will retain maximum flexibility to address temporary family health care dwellings in a manner that is more specific to the needs of the city. As stated by Kao and Johnson in a League of Minnesota Cities 2016 law summary of § 462.3593, “An opt- out ordinance is the correct step to take if a city either wants to use their existing land use controls or to develop a customized version that might allow this sort of use in some cases using different processes or criteria.1” Given the stated concerns regarding Minn Stat. § 462.3593, it is recommended that the City opt-out of the statute and explore other options for regulation of temporary medical dwellings. SUMMARY OF ORDINANCE As proposed, the ordinance would specifically do the following: • Serve as the official opt-out for the City of Saint Anthony from the terms and conditions of Minnesota Stat. § 462.3593 which defines and regulates Temporary Family Health Care Dwellings. RECOMMENDED ACTION Staff recommends approval of the enclosed ordinance to opt-out of Minn. Stat § 462.3593, which defines, permits and regulates temporary family health care dwellings. 1“2016 Law Summaries: Legislative Action through May 23, 2016.” (2016). League of Minnesota Cities. 54 ORDINANCE NO. 2016-xx SAINT ANTHONY VILLAGE, MINNESOTA AN ORDINANCE ADDING SECTION 152.189 TO ST. ANTHONY CITY CODE OPTING-OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593 (TEMPORARY FAMILY HEALTH CARE DWELLINGS). The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code to Add Section §152.189. Section §152.189 of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by double underlined text. Section Two. 152.189 Temporary Family Health Care Dwellings. Saint Anthony Village Opts-out of Minnesota Statutes, Section 462.3593. Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Saint Anthony Village opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings. Section Three. Findings for Amending the City of Saint Anthony Village City Code by Adding Section 152.189. In amending the City of Saint Anthony Village City Code by adding Section 152.189 relating to temporary family health care dwellings, the City Council of the City of Saint Anthony Village finds that the amendment is required for the public good; is in the interest of public health, safety and welfare; and is compatible with the City’s Comprehensive Plan. Section Four. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. Passed in regular session of the City Council on ________________________, 2016. CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk 55 THIS PAGE LEFT INTENTIONALLY BLANK 56 Opt-Out of Minn. Stat § 462.3593 regulating Temporary Family Health Care Dwellings Planning Commission Meeting June 27, 2016 Overview of § 462.3593 •Signed into law on May 12, 2016 by Governor Dayton •The law establishes a permitting process allowing landowners to place mobile residential dwellings on their property to serve as temporary dwellings. •Cities may opt-out of requirements before deadline of Sept. 1, 2016 57 Overview of § 462.3593 •The law intends to provide dwellings accommodating short-term care for family members in need of assistance or close supervision. •Dwellings are subject to structural requirements •Permit requires proof of need and health care provider information •6-month time limit on dwellings with possibility of 6- month extension 58 Findings •The law regulates the user and not merely the land use •The law will require the City to collect and manage medical information •Concerns that the law does not adequately confirm the temporary nature of these dwellings Findings •By opting-out of Minn Stat. § 462.3593, Saint Anthony will retain maximum flexibility to address temporary family health care dwellings in a manner that is specific to the needs of the city. •“An opt-out ordinance is the correct step to take if a city either wants to use their existing land use controls or to develop a customized version that might allow this sort of use in some cases using different processes or criteria.” (LMC, 2016) 59 § 462.3593 Opt-Out RECOMMENDATION Staff recommends adoption of the ordinance, which would: •Serve as the official opt-out for the City of Saint Anthony from the terms and conditions of Minnesota Stat. § 462.3593 which defines and regulates Temporary Family Health Care Dwellings. Questions? 60 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 • www.ci.saint-anthony.mn.us •(612) 782-3301 Fax (612) 782-3302 Our mission is to be a progressive and livable community, a walkable village which is sustainable, safe and secure. NOTICE OF A PUBLIC HEARING Notice is hereby given that on June 27, 2016, at 7:00 p.m. at City Hall, 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response regarding the adoption of an ordinance establishing that the City is opting out of Minnesota Statute § 462.3593. This state law became effective on May 12, 2016 and establishes a permitting process allowing landowners to place mobile residential dwellings on their property to serve as temporary family health care dwellings. The law allows cities that do not wish to be subject to the requirements of the permit application and process to pass an opt-out ordinance. The Planning Commission will make a recommendation regarding the proposed ordinance to the City Council for their meeting to be held on July 12, 2016, at 7:00 p.m. at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-231-4863. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.saint-anthony.mn.us . Breanne Rothstein, AICP City Planner 61